[HISTORY: Adopted by the Common Council of the City of North Tonawanda 4-4-2000. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 20, Boat Docks, adopted 9-20-1988, as amended.
This chapter shall apply and pertain to the Tonawandas' Gateway Harbor docking facilities between the City of Tonawanda and City of North Tonawanda on the Erie Barge Canal Corridor and Ellicott Creek.
All boats entering this corridor immediately come under the jurisdiction of the Tonawandas' Gateway Harbor Boat Dock Rules and Regulations, all federal and New York State pleasure craft navigation laws, as well as boating rules and regulations, including all health and sanitary laws and regulations, governing waterways.
A Harbor Master shall be appointed by the Mayor to provide general supervision of the docking area.
The park is open from May 1 to October 30 from 6:00 a.m. until 11:00 p.m. weekdays and weekends from 6:00 a.m. to 12:00 midnight. Boaters with permits have the right to enter and exit their boat while they are docked. All boaters and their guests that are staying on their boats overnight must stay within the immediate area of their boat after the above designated hours of 11:00 p.m. and 6:00 a.m., unless leaving the park area. Special permission may be obtained, at the discretion of the Mayor, for an exception to this section to allow particular events or programs.
No dogs, except on leash.
No damaging of City property.
No glass containers.
Disorderly conduct and excessive noise are prohibited.
Firearms and fireworks are prohibited.
Garbage must be disposed of in receptacles provided.
No public gatherings, or community activities, without permit.
No food or merchandise vending without permit.
Boaters must have a permit for overnight dock usage.
No skateboarding, rollerblading or biking except on designated pathways.
Upon docking, or at such time as the Harbor Master is on duty, boaters are required to report directly to the Harbor Master to register and pay the required overnight docking fee. Day use is good until dusk without a fee. The Harbor Master can also be contacted by VHF radio, Channel 13.
Overnight docking fee schedule is as follows, per night:
Check-out time is 11:00 a.m. local time for overnight boaters and their guests.
Boats must be present at time of registration.
It shall be unlawful and a violation of this chapter for the owner/operator of any boat, vessel or other conveyance to dock, moor or anchor overnight at any public dock located within the Gateway Harbor Park without a paid permit from the Harbor Master. There is a maximum of five days per stay. Boaters may not return until after seven consecutive days have passed.
The Mayor is hereby authorized and directed to issue a special events permit to any owner/operator of any boat, vessel or other conveyance for docking use, at no fee, and for a period of time to be determined by the Mayor.
The Harbor Master or his/her designee is hereby authorized and directed to not issue docking permits when an event is being held in the corridor where safety is a factor in the running of the event.
Commercial use of the public docking facilities is prohibited without authorization of the Mayor.
The rules and restrictions prescribed in this chapter shall not apply to boats, vessels or other conveyances which are in distress or forced to dock due to an emergency. However, immediate notification of said distress or emergency shall be given as soon as practicable to the Police Department of either community. The notified Police Department will inform the other police agency of such emergency if it is in its jurisdiction.
In the event that the distressed vessel remains at the public docking facilities for more than 48 hours, the owner/operator shall be in violation of this chapter.
It shall be unlawful for the owner/operator of any boat, vessel or other conveyance using the public docking facilities to discharge into the Erie Barge Canal/Ellicott Creek or by the shore area the contents of any septic holding tanks, garbage, oil, sludge, refuse matter, sewer or waste matter of any kind. Garbage and refuse matter must be deposited in receptacles provided for this purpose.
No head (toilet) shall be dumped except in the designated on-shore dumping station. Dumping or cleaning of portable toilets in the support facility rest rooms is prohibited.
It shall be unlawful for the owner/operator of any boat, vessel or other conveyance using the docking facilities to use the electrical power located at said docking facilities for any other purpose than for his/her boat.
Use of electrical power is limited to one thirty-amp, one-hundred-ten-volt service outlet per boat berth. For boating safety, all electrical outlets shall have ground fault interrupters (GFI) installed.
All persons causing injury or damage to other persons or boats within this corridor shall be liable therefor. Any violations of boat dock rules and/or regulations, disorder or indecorous conduct by a patron, his crew or guests that might injure a person, cause damage to property or harm the reputation of either City is cause for immediate removal of the boat in question from the corridor. The Mayor, Harbor Master, designated representative, or a supervising police officer reserves the right to reject any request for a berth and to terminate without prior notice or refund any monies paid, when in the opinion of the Harbor Master or his/her designated representative, a question of safety or public interest is involved or whenever any rules and regulations have been violated.
Overnight berth renters are not permitted to exchange assigned boat slips without prior approval of the Harbor Master, who reserves the option of reassigning boat slips as the need arises. Normally, boat slips will not be reassigned unless all persons involved agree to the change.
Only pleasure boats in good condition, under their own power, shall be accepted for dockage. Conditions aboard any boat, vessel or other conveyance, which in the opinion of the Harbor Master constitute a hazard, menace, or a danger to public safety, must be corrected immediately upon notification by the Harbor Master.
Berths are to be accessible at all times in case of fire, explosion, or other emergencies. Social gatherings will be permitted by the docking area if an adequate pathway is provided for emergencies. In an emergency, the City involved does not accept any responsibility for articles in the dock area that must be moved to provide for a pathway.
Boat slip renters shall use discretion in operating engines, generators, radios and television sets so as to not create a disturbance. Quiet hours are in effect between 10:00 p.m. and 6:00 a.m. local time each day.
Although the Cities of Tonawanda and North Tonawanda jointly provide a Harbor Master, it does not guarantee twenty-four-hour protection. The Cities of Tonawanda and North Tonawanda are not responsible for lost, stolen, or damaged properties.
Dogs must be on a leash no more than six feet long and controlled at all times to insure peace and privacy of other boaters and occupants in the corridor. No pet shall be allowed to remain in the park or corridor area unless the owner can furnish proof of a current rabies inoculation when requested by Park personnel. The "Pooper Scooper" law is in effect, and dog owners are expected to clean up after their pet.
Ground fires are not allowed in the entire corridor area.
Boats entering the corridor may dock at any numbered slip that is unoccupied or not reserved for police boats. Rafting off another boat is not permitted unless given permission by both the boat owner of the rented slip and the Harbor Master. At all times, rafting of boats shall be in compliance with New York State Canal Rules and Regulations. All fees are applicable to the rafted boat.
Boats registered overnight are allowed one vehicle at no additional charge when the vehicle is registered at the same time as the boat and both are listed on the boat docking receipt and permit.
Vehicles remaining overnight must be parked in designated parking areas. When full, the parking area behind the Tonawanda Towers is designated as the "overflow" parking area. Recreational vehicles and camper trailers are not permitted overnight.
Each vehicle remaining overnight must have displayed from its rear-view mirror a special tag issued by the Harbor Master that indicates the vehicle license plate number, date(s), and boat berth at which the vehicle occupant(s) is/are staying. Vehicles not displaying a special tag from their rear-view mirror are subject to ticketing by the City of Tonawanda Police Department.
Vehicles of boat guests over the one vehicle allotted must pay for a $4 overnight parking permit for their vehicle from the Harbor Master. If a boat docking patron expects overnight guests to arrive after the Harbor Master is scheduled to leave, permits should be purchased in advance. However, no refunds will be issued. Overnight parking permits expire at 11:00 a.m. local time the following morning.
Vendors will not be allowed to sell any items within the Gateway Harbor Corridor without the written permission of the Mayor of the City affected.
Any violation by a person, firm or corporation of any provision of this chapter shall be subject to a fine not to exceed $250 for each offense or imprisonment for no more than 15 days for each offense, or both.